Chapter 147—Water Well Protection

147.01 Purpose
147.02 Definitions
147.03 Distance Required from Public Wells
147.04 Inspection
147.05 Violations
147.06 Applicability

147.01 PURPOSE.

The purpose of this chapter is to restrict the location of potential sources of contamination in close proximity to a public water supply in order to protect the public safety, health and welfare.

147.02 DEFINITIONS.

For use in this chapter, the following terms are defined.

  1. “Aquifer” means a rock formation, group of rock formations or pat of a rock formation that contains enough saturated permeable materials to yield significant quantities of water.
  2. “Contamination” means the presence of any harmful or deleterious substances in the water supply.
  3. “Deep public well” means a public well located and constructed in such a manner that there is a continuous layer of low permeability soil or rock at least five (5) feet thick located at least twenty-five (25) feet below the normal ground surface and above the aquifer from which the water is to be drawn.
  4. “Shallow public well” means a public well located and constructed in such a manner that there is not a continuous layer of low permeability soil or rock at least five (5) feet thick located at least twenty-five (25) feet below the normal ground surface and above the aquifer from which the water is to be drawn.
  5. “Well” means a pit or hole sunk into the earth to reach a resource supply such as water.
147.03 DISTANCE REQUIRED FROM PUBLIC WELLS.

No structure, facility or prohibited land use designated in this chapter shall be located within the distances set forth in Table C from a public well. Table C can be found at the end of this chapter.

147.04 INSPECTION.

The City shall have the right to inspect properties in close proximity to public water supplies for the purpose of determining compliance with this chapter as follows:

  1. The Water Superintendent and other duly authorized representatives of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
  2. While performing the necessary work on private properties referred to in Subsection 1, the Water Superintendent or duly authorized representatives of the City shall observe all safety rules applicable to the premises and the property owner shall be held harmless for injury or death to the City personnel. The City shall indemnify the property owner against loss or damage to property by City personnel and against liability claims and demands for personal injury or property damage asserted against the property owner and growing out of the inspection operation, except as such may be caused by negligence or failure of the property owner to maintain safe conditions.
147.05 VIOLATIONS.

Any person found to violating this chapter shall be served notice thereof in the manner hereinafter provided:

  1. Notice of Violation shall:
    1. Be in writing;
    2. Be dated and signed by the Water Superintendent;
    3. Specify the violation or violations; and
    4. State that said violation shall be corrected within ten (10) days of the date on which the Water Superintendent issued the notice of violation.
  2. Failure of the responsible person to correct the violation within the ten (10) days of the date of issue of the notice of violation shall be a violation of this Code of Ordinances. Each 24-hour period in which any such violation continues shall be deemed a separate offense.
  3. Any person violating any of the provisions of this chapter shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.
147.06 APPLICABILITY.

The applicability of this chapter shall be as follows: Proscriptions as set forth in this chapter shall apply to all public water wells existing within the corporate limits of the City, except public water wells formerly abandoned.

Table C


Table-147C

KEY
D Deep Well
S Shallow Well
A All Wells
WM Pipe of Water Main Specifications
SP Pipe of Sewer Pipe Specifications
ENCWM Encased in 4 inches of Concrete